ArchChat (which term shall hereinafter be deemed to include all subsidiaries, affiliates, and predecessors - in - interest and in title of Archchat Pte. Limited, a company incorporated in, and under the laws of the Republic of Singapore, and Archchat Private Limited, a company incorporated in India under the provisions of the Companies Act, 2013) is a global, cloud - based platform and mobile application, which brings together home and project owners, with professionals, service providers and sellers from the Architecture, Engineering & Construction Industry (hereinafter referred to as the “AEC Industry”). ArchChat helps home & project owners, Architects & designers, AEC industry consultants, contractors and sellers to communicate with each other and assign, monitor tasks. ArchChat also provides a platform for its B2B users to publish information, which can be viewed by all visitors to the ArchChat website, and can be used by all subscribers & users of the ArchChat platform & mobile application for communication & collaboration purposes.
The ArchChat website shall be deemed to include the websites accessible through the domain “ArchChat” as is being used with the Generic Top - Level Domain Name (gTLD) “.com”, i.e., www.ArchChat.com, as also the domain “ArchChat” as is being used with Country Code Top - Level Domain Names (ccTLDs) such as “.it”, “.es”, “.us”, etc., i.e., www.ArchChat.it, www.ArchChat.es, www.ArchChat.us, etc (hereinafter referred to as “ArchChat’s websites”). The ArchChat platform includes all the communications and services offered by ArchChat through their websites, as well as all websites, plug-ins, widgets, the mobile application and other applications and other ArchChat content that is embedded on third - party websites (hereinafter collectively referred to as the “ArchChat platform”).
When a user or subscriber clicks on "Get Started/Sign Up/Sign In" anywhere on the ArchChat platform, the said user or subscriber understands that he/she is agreeing to the ArchChat terms and conditions enlisted herein, and across the various other policies that have been published by ArchChat on the ArchChat platform.
These terms provide, inter alia, important information for all visitors, users and subscribers to the ArchChat platform, including but not limited to those relating to the confidentiality of visitor, user or subscriber information, including information about their obligations regarding usage of ArchChat, it’s content, our limitation of liability to any visitor, user or distributor, and their agreement to resolve any disputes and to waive the right to participate in a class action.
- Subscriber: A Subscriber is an individual who opts to subscribe to ArchChat by Signing Up on the ArchChat platform, either in his/her/its individual name, or in the name of his/her firm/company.
- User: A user is any user of an ArchChat account, which has already been subscribed by someone else. Any existing Subscriber of an ArchChat account can invite other individuals to sign up and use the said ArchChat account. By inviting such users to use their account, subscribers provide them the rights to access their ArchChat accounts, and access all the information in or relating to their account.
- Collaborators: Any subscriber / user of ArchChat, who is invited by any other subscriber / user to join a project for communication is referred to as a collaborator. Collaborators have limited access to project(s) on which they are invited.
- Group members:Any subscriber / user of ArchChat, who is invited by any other subscriber / user to join a chat group. The inviter shall have the right to add the invitee to other groups or remove any invitee from any group.
- Save/Add:To ‘Save/ Add” To ‘Save” means for a user or subscriber to select any number of products & designs for any specific projects(s) and/or space(s) within a project.
- Publish:When a subscriber or a user uploads a product, design, service, article or a video image with relevant information and chooses to ‘Publish’ the same, then such published content becomes visible, both for the purposes of viewing and saving, to all other subscribers and users. Once published, the subscriber’s or user’s profile, as the case may be, is also available to all other subscribers and users, for viewing.
Any visitor, user or subscriber who is of the legal age as per the provisions and laws prevalent in his/her country may sign up to the ArchChat platform, and if any subscriber or user is registering on behalf of a firm/incorporated entity, then such subscriber or user is the only one who has authority to provide the information related to that firm/entity, and such person also becomes the authorized signatory, for ArchChat’s intents and purposes. To sign up for professional categories, a subscriber or user must belong to the AEC Industry or must be involved in a live design or construction project.
ArchChat shall verify each and every subscriber before the subscriber is permitted to publish any content on ArchChat platform. For verification purposes ArchChat shall demand such documents deemed necessary for the purpose of verification from time to time. Verification approvals shall be on the sole discretion of ArchChat.
ArchChat shall keep a close eye on the quality of the content like products, designs, services, articles or videos etc that are published and shall prevent the ones that are of poor quality or objectionable in any way, from being viewed on ArchChat gallery.
Verified professionals from the AEC Industry are permitted to upload and save content related to designs, articles and videos, services and may either create them for their personal use, or may choose to publish them for viewing or usage by other subscribers and users, as and when such publication is permitted by ArchChat’s algorithm.
Products are permitted to be published only by those subscribers falling within the ‘Seller’ category of subscribers, including but not limited to Product Manufacturers, Agents, Distributors and Dealers, Artists and Art Galleries, etc. All product related content uploaded or saved by subscribers for their own use, shall remain confidential and personal to such subscribers, as well as the users authorized to access the said subscriber’s account. Once content has been published by a subscriber for viewing or use by other subscribers, such content shall no longer remain confidential. All content published for the viewing and use of other users and subscribers shall be subject to quality control checks, if found to be below the quality standards acceptable to ArchChat, ArchChat reserves the right to temporarily or permanently block such content. Additionally, if ArchChat believes that any of the Products and/or Designs, once published, add no value in terms of the design element to other subscribers, ArchChat reserves the right to temporarily or permanently block such content. If any content is published with objectionable material/information, ArchChat reserves the right to block the subscriber’s account.
Whenever a subscriber publishes a Product and/or Service related content, the subscriber shall be deemed to have granted an irrevocable license to all the other subscribers of ArchChat, to use the content published therewith, in and for their project(s). Further, whenever a subscriber publishes a Design and/or product content, the subscriber shall be deemed to have granted an irrevocable license to all other subscribers of ArchChat, both to save/add such content on their project(s), and also to use the information contained in the said content in any manner.
Subscribers falling within the category of project owners and design enthusiasts may upload and save Design related content, however, may do so only for their personal use.
PUBLISHING OF CONTENT BY THE ARCHCHAT TEAM
The ArchChat team shall also publish curated content for viewing and use by users and subscribers to the ArchChat platform.
The ArchChat team reserves the right to publish all types of content , for viewing and use by users and subscribers to the ArchChat platform. The ArchChat team shall only publish content having information that is publically available on the internet and, whenever content is published by the ArchChat team, due credit shall be given to the owner of the content. Content publishing activity by ArchChat is only to help subscribers to explore new products, designs and learn more about the AEC Industry, and also to help subscribers connect directly with the owners of such products, designs and article, thus, helping users and subscribers make new connections. ArchChat shall never charge any price or keep any monetary interest in publishing content, the purpose of which is to connect users and subscribers with new product manufacturers, designers, authors, etc. If any individual or firm’s publicly available information is used to create content, i.e., gives information directly linking to that individual or firm, and if any such individual or firm wishes to remove the said content from the ArchChat platform, such individual or firm may write to support@ArchChat.com for the removal of such content. On the receipt of any such request, the ArchChat team shall immediately remove the published content, and shall immediately delete all information about that individual or firm from the ArchChat platform. By publishing such content, ArchChat’s only intent is to make interested parties, persons and project owners aware about such individuals, firms or companies within the AEC Industry, and to help them connect with each other directly. ArchChat also posts such content on their social media handles, pages and profiles, and may also publish certain content in the ArchChat gallery, and also may circulate information about some content through emails being sent to visitors, users and/or subscribers to the ArchChat platform. In all such posts, publications and emails, the owners name and information is always displayed.
CONFIDENTIAL AND PRIVATE INFORMATION
Each ArchChat account and its access is restricted to the respective subscribers of ArchChat, and users duly authorized thereby. All type of content which is uploaded by any subscriber, but not published, is private and confidential, and is only accessible by subscribers and users authorized thereby. All information relating and pertaining to projects and spaces of project owners, including but not limited to project reports, etc., are also confidential, unless a subscriber or user shares the information with anyone while collaborating on any project.
DISCLOSURE OF YOUR INFORMATION TO OTHER PERSONS
ArchChat reserves the absolute and unfettered right to showcase published content on social media profiles, groups, pages and handles belonging to and operated by ArchChat, and additionally to send information about such published content to visitors, users and subscribers throughs emails, and to publish such content in the ArchChat magazine. Whenever ArchChat uses a published content on any form of media, ArchChat always gives credit to the publishing author, by disclosing the subscriber’s name with the image.
Once a subscriber signs up for an ArchChat account, ArchChat reserves the right to inform others through any type of media that such person is a subscriber to an ArchChat account, and also to share the concerned subscriber’s ArchChat profile, as well as his/her/its website and social media public profiles and handles with others
YOUR LICENSE TO US
It is agreed between every visitor, user and subscriber to ArchChat, and ArchChat, that the subscriber(s) own the content and information that is uploaded, submitted, created or published on the ArchChat platform, including but not limited to the subscriber’s profile, his/her/its authorized users’ profiles, all types of content, both published or unpublished, that have been created by the subscriber, reviews uploaded by the subscriber, likes and comments, and project related information.
In order to make any subscriber’s ArchChat profile public, including his/her/its published content, saved content, reviews, likes and comments, every user and subscriber agrees to grant ArchChat the following non-exclusive, irrevocable license:
A worldwide, transferable and sub-licensable right to showcase, distribute and publish: the user or subscriber’s ArchChat profile, published content, likes and comments on the ArchChat platform, all social media channels linked to the ArchChat profile, information and content that is provided by any user or subscriber through their ArchChat profile, and the information on the Product and/or design saved by such user or subscriber, with details of the quantity intended to be used by the said subscriber in their project, without any further consent, notice and/or compensation to any visitor, user or subscriber, or any others, subject to the following limitations:
- All users and subscribers can end this license for specific content, by un-publishing and/or deleting such content from the ArchChat platform;
- By submitting innovative ideas, domain knowledge, suggestions or other feedback regarding improvement in ArchChat, all users and subscribers agree that ArchChat can use ideas, domain knowledge, suggestions, etc.to further improve ArchChat or bring new features onto the ArchChat platform, or even develop a new application, without any compensation to any user of or subscriber to ArchChat. All intellectual property rights on such innovative ideas and suggestions shall rest solely and exclusively with ArchChat;
- All users of and subscribers to ArchChat understand and agree that they shall provide only that content or information that does not violate the law, and is not in contravention with anyone's rights (e.g., without violating any intellectual property rights or breaching a contract), and also that the information made available on the ArchChat profile shall be truthful.
FLUCTUATIONS IN CURRENCY EXCHANGE RATES
All prices indicated with products are automatically converted into the currency choice of the user of or subscriber to the ArchChat platform. ArchChat plays no roles in the determination of currency rates. ArchChat disclaims any responsibility for the pricing of any product or service available on the ArchChat platform, and it is the responsibility of users and/or subscribers to confirm all prices with the creator of the Product and Service ArchChats, independently.
On the ArchChat platform, the prevailing currency exchange rates are taken from third-party exchange rate providers. ArchChat declares that it has no control over the accuracy of this data, and that it shall not be responsible in any manner for the prices displayed in different currencies, on the ArchChat platform.
Before using any information from a published content in one’s project, users and/or subscribers understand and agree that they shall confirm the authenticity of such information from the publisher of the concerned content.
ArchChat can make any changes and even suspend services, if such a need is felt. Without any prior notice. ArchChat reserves the right to change, suspend or end any or all Services, or change and modify prices for prospectively for any type of paid services without prior notice.
While ArchChat Platform is hosted on Amazon Web Services, a trusted global cloud hosting service provider, there can be instances of disruption of services, the wrong display of information, etc., due to technical reasons or program bugs. For unavailability of ArchChat services during such disruption of services, ArchChat shall not be responsible for any loss to any user of or subscriber to the ArchChat platform.
There can be remote instances of data loss due to any type of virus attack, and in such instances, ArchChat shall try their best to recover subscribers’ data, however, in unfortunate circumstances of data loss, ArchChat shall not be responsible to any type of loss to any user of or subscriber to the ArchChat platform.
VIEW AND USAGE OF OTHER SUBSCRIBERS’ CONTENT, PROFILES, COMMENTS, REVIEWS AND LIKES
ArchChat is not responsible for the accuracy, legality, topicality etc. of the content published by subscribers. If any user or subscriber suffers any kind of loss from the use of such information, ArchChat shall be held responsible therefor.
By availing of the Services available on the ArchChat platform, users and/or subscribers may view and/or save content published by other subscribers. They may also come across and view others’ Profiles, comments, reviews and likes, some of which might be inaccurate, incomplete, outdated, misleading, illegal, offensive or otherwise harmful. ArchChat does not review all of the content provided by their subscribers, as a part of their quality control process. Further, ArchChat does not always verify the accuracy of the content. All users and subscribers understand and agree that ArchChat shall not be responsible for any information, other than the information directly provided by ArchChat. If any damage results due to the usage of or reliance on any information provided by any subscriber through their content, Profiles, comments, reviews, likes etc., ArchChat shall not be responsible in any manner for the same. Further, ArchChat shall not be responsible in any manner if users and/or subscribers enter into any kind of commercial transactions with any other users and/or subscriber of ArchChat, due to the usage of an ArchChat Subscription, and by virtue of having entered into such transaction, suffer any kind of financial loss, delay, loss of reputation or any other kind of loss not specifically mentioned herein.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights and all other rights of ArchChat are owned by Archchat Pte. Limited Singapore/It’s founder Chetan K Singh. No visitor, user or subscriber may copy or reproduce any content without the company's express written permission.
The intellectual property is protected by the prevalent patent copyright, trademark, and other laws, and all visitors, users and subscribers acknowledge that these rights are valid and enforceable. Except as set forth in these Terms, visitors, users and/or subscribers may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the ArchChat platform or any intellectual property without prior written permission of the company. ArchChat Services may be used solely to the extent permitted in these Terms. The use of ArchChat for any other purpose is strictly prohibited. All visitors, users and subscribers acknowledge that they do not acquire any ownership rights by using ArchChat.
The trademarks, logos, and service marks displayed on ArchChat and on its websites (hereinafter collectively referred to as the "Trademarks") are the registered and unregistered trademarks of Archchat Pte. Limited Singapore/It’s founder Chetan K Singh. Nothing contained in these Terms or on the ArchChat platform shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ArchChat’s Trademarks, without the express written permission of the company. All visitors, users and subscribers acknowledge and agree that all rights in the said Trademarks are the exclusive property of Archchat Pte. Limited Singapore,/ It’s founder Chetan K Singh and any goodwill generated by their use of any ArchChat Trademarks will insure to the exclusive benefit of the company. No visitor, user or subscriber shall take any action that is in conflict with the rights of the company in the ownership of the intellectual property rights relating to ArchChat.
REPORT OF INTELLECTUAL PROPERTY RIGHTS VIOLATIONS
ArchChat is not responsible if any visitor, user or subscriber’s intellectual property rights have been infringed, but if such violations are reported, ArchChat may block such content or accounts, as may be deemed necessary by ArchChat.
If any user or subscriber believes that any other user or subscriber has infringed their intellectual property rights in any manner, such infringement may be reported to ArchChat through the process highlighted on the ArchChat platform, or may report to ArchChat at support@ArchChat.com. ArchChat shall, at their sole discretion, take actions to block such content on which there are allegations of the infringement of property rights. ArchChat shall not be responsible in any manner for any infringement of intellectual property rights and users and subscribers understand and agree that they shall protect their rights themselves, by taking appropriate measures and remedial actions under the relevant laws of the concerned country. Similarly, if any visitor, user or subscriber is alleged to have violated intellectual property rights of any other subscriber or user, and the same is reported to ArchChat by the aggrieved party, ArchChat reserves the right to block such, content or profile on the basis of which infringement of intellectual property rights has been alleged.
REVIEWS AND ENDORSEMENTS
All users and subscribers give ArchChat the exclusive right to use their reviews and endorsements, without any prior notice thereof or compensation therefor.
ArchChat welcomes all reviews and endorsements. By submitting reviews and endorsements in any manner, all users and subscribers understand and agree that they have granted ArchChat the right to, at their sole discretion, use, disclose and otherwise exploit the reviews and endorsements, in whole or part, without any prior notice, consent, restriction or compensation arising therefrom.
NOTICE AND SERVICE MESSAGES
All users and subscribers agree that ArchChat may provide notices in the following ways:
1. A notification in the inbox of your ArchChat platform account, or
2. Email(s) sent to users and/or subscribers, on their registered email IDs.
GENERAL COMMUNICATION AND MESSAGES
All users and subscribers agree that ArchChat may send general communications and messages related to new content , articles, newsletters, information about the AEC Industry and promotions and offers related to the ArchChat platform and its services, through communications to their registered email IDs and/or to their mobile phones, through SMS messages, or through posts in the notification center of the ArchChat platform.
DISCLAIMER AND LIMIT OF LIABILITY
EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW APPLICABLE FOR THE TIME BEING, AND IN FORCE:
- ARCHCHAT ENTITIES PROVIDES TO ALL VISITORS, USERS AND SUBSCRIBERS, THE ARCHCHAT PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, OTHER SUBSCRIBERS’ AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARCHCHAT ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- ARCHCHAT ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW FOR THE TIME BEING IN FORCE, FROM:
- CONTENT POSTED BY ANY SUBSCRIBER ON THE ARCHCHAT PLATFORM,
- ANY CONTENT PUBLISHED, OR
- THE QUALITY OR CONDUCT OF ANY SUBSCRIBER ONE MAY ENCOUNTER IN CONNECTION WITH THE USE OF THE ARCHCHAT PLATFORM.
- YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHCHAT ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT ARCHCHAT ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF ARCHCHAT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE ARCHCHAT PLATFORM. YOUR USE OF THE ARCHCHAT PLATFORM, CONTENT PUBLISHED BY SUBSCRIBERS, ANY INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
Here is what you indemnify us for.
You agree to fully indemnify, defend, and hold ArchChat entities, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from:
- Your breach of this Agreement.
- Any allegation that any materials you submitted to ArchChat entities or transmitted to ArchChat, infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any subscriber.
- Your activities in connection with ArchChat or to other websites to which ArchChat is linked; and/or (d) your negligent or willful misconduct.
COLLECTION, USE AND CONFIDENTIALITY OF YOUR INFORMATION
How we can use and store the information you give us.
We collect information that you provide to us directly or automatically when you use ArchChat. We may use the information for purposes such as: provide ArchChat functionality, improve the quality, personalize your experience, track usage of ArchChat, provide analytics to all subscribers, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of ArchChat, fulfill transactions authorized by you on ArchChat, and comply with legal obligations. Further note about the information we collect:
- Transactional Information: When you purchase product listing subscription, premium listing subscription, User subscription and other Value-Added Services in ArchChat, certain information collected for processing your request, such as your phone number, address, email, may be shared with relevant third-parties in order for them to process your request (but not for their own marketing or other purposes). We do not store your credit card information with us. When you submit credit card numbers/ information and allow us to store it, it is only stored with recognized payment gateways who have authority and infrastructure to store credit card information.
- Site Activity/Automatically Collected Information: We collect and may store information about your use of ArchChat, such as your search activity, and the date and time of your visit. We also collect and may store information that your computer or mobile device provides to us in connection with your use of ArchChat, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.
COOKIES AND OTHER TRACKING TECHNOLOGIES
SHARING YOUR INFORMATION
We do not rent or sell your personal contact information (such as your email address associated with your account registration) to third parties to use for their own marketing purposes. We may share some information about you with third parties in connection with your use of ArchChat. Our information sharing with third parties falls into these categories and purposes:
- Agents, Contractors, and Service Providers: We may share your information with our agents and contractors or other service providers as needed to carry out the performance and functionality of the Site, to fulfill your requests or authorized commercial transactions, or provide customer support.
- Analytics and Usage: We may share user information in the aggregate with third parties for the purpose of providing us analytics.
- Affiliated Entities: We may share information from or about you with the holding company, subsidiaries, joint ventures, or other companies under common control, in which case, we will require them to honor the confidentiality of your information.
- Business Transfers: If we are acquired by or merged with another entity, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected about you to the other company.
- Investigations: We may investigate and disclose information from or about you, as permitted by applicable law, if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with ArchChat; or (c) helpful to protect our rights, reputation, property, or that of our users, subsidiaries, or the public.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure – so we cannot guarantee its absolute security.
SUPPLEMENTAL TERMS FOR CERTAIN SERVICES
You may be required to enter into separate Agreements for with us for other value-added services.
Certain Value Added services offered on ArchChat may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale in the Marketplace, invite and earn program, product listing subscription, art and artifact listing subscription, user subscription etc. Each requires you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of that separate agreement will control.
DOS. YOU AGREE THAT YOU WILL:
A ready reckoner of what you will and won’t do.
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
- Provide accurate information to us and keep it updated.
- Provide your true and real name and also of your firm or company, your addresses, contact information and any other information which we may require from you.
- Provide correct and authentic documents and information at the time of verification.
- Use ArchChat Services in a professional manner only for the purpose related to AEC Industry activities.
DON'TS. YOU AGREE THAT YOU WILL NOT:
- Act dishonestly or unprofessionally, while creating your Profile and all type of content including by posting inappropriate, inaccurate, or objectionable content.
- Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by ArchChat)
- Use an image and/or logo that is not your likeness or does not represent your firm or company.
- Create a false identity on ArchChat.
- Use or attempt to use another's account.
- Scrape or copy profiles and content published by others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work).
- Publish content with information that you do not have the right to use or disclose (such as copyright/confidential information of others, including your employer).
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Violate the intellectual property or other rights of ArchChat entities, including, without limitation, using the word “ArchChat” or its logos in any business name, email, or URL except as provided in the affiliate marketing guidelines of ArchChat;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Upload and Publish any Product and/or Service related content which does not relate directly to the AEC industry;
- Upload and publish any content in the form of advertisements or promotions in design, articles, videos sections.
- Copy any type of content published by any other subscriber;
- Copy, modify or create derivative works of ArchChat or any related technology;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code of ArchChat;
- Rent, lease, loan, trade, sell/resell access to the Services or any related information or data;
- Remove any copyright, trademark, or other proprietary rights notices contained in or on ArchChat;
- Collect, use, copy, or transfer any information obtained from ArchChat without the consent of ArchChat;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services of ArchChat or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the services' availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of ArchChat;
- Access ArchChat Services except through the interfaces expressly provided by us, such as its tablet and mobile applications, ArchChat.com;
- Override any security feature of ArchChat;
- Interfere with the operation of, or place an unreasonable load on, the Services of ArchChat (e.g., spam, denial of service attack, viruses, gaming algorithms).
TERM AND TERMINATION
The continuation and possible discontinuation of ArchChat wholly or partially. And the conditions under which this Agreement can be terminated.
This Agreement is effective from the date you sign up at www.ArchChat.com or through any other ArchChat sites or sign up by downloading ArchChat mobile app. The Agreement shall remain effective until terminated in accordance with its terms. Certain violations of this Agreement, as determined by us, may result in immediate termination of this Agreement, and/or your access to and use of ArchChat, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use ArchChat shall immediately cease. All disclaimers, limitations of liability, indemnities, and ArchChat Entities rights of ownership, and licenses to ArchChat shall survive any termination. The liabilities which you owe to ArchChat or ArchChat owes to you shall stand discharged automatically on termination of this agreement.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, ArchChat, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any other subscriber for any modification, suspension or discontinuance of ArchChat Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate us to maintain and support ArchChat, or any part or portion thereof, during the term of this Agreement.
In case we need to resolve our disputes legally.
You agree that the laws of Singapore shall exclusively govern any dispute relating to this Agreement and/or the Services for all countries except India. The laws of India shall exclusively govern any dispute relating to this Agreement and/or the Services for all Indian subscribers. All those subscribers shall be considered as Indians who have provided India as their country of residence. We and you agree that all our disputes, claims or controversies arising out of or relating to this Agreement shall be settled by a court of competent jurisdiction in Singapore for all countries other than India and a court of competent jurisdiction in Gurgaon in India.
Some explanations about how you will read this Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of ArchChat) is the only agreement between us and you regarding the Services and supersedes all prior agreements for the Services. If we do not act to enforce a breach of this Agreement that does not mean that we have waived our right to enforce this Agreement. You may not assign or transfer this Agreement (or your subscription or use of the Services) to anyone without our written consent. However, you agree that we may assign this Agreement to our affiliates or a party that buys ArchChat without your consent. There are no third party.